allAfrica.com: Congo-Kinshasa: Monthly Human Rights Assessment

Summary: United Nations Human Rights Office in the DRC (UNHRO) identified three mass graves in the former HQ of the 2nd Battalion of mixed Bravo Brigade (pro-Nkunda) in North Kivu; MONUC urged the highest military justice authorities to conduct further investigations into the Serge Maheshe case in light of the retraction of two of the defendants who were sentenced to death (South Kivu); The trial of "Gédéon" continued before the Kipushi Military Tribunal in Katanga Province.1

Moreover, Congolese military judicial officials and MONUC began preliminary investigations into allegations of mass rape perpetrated in Lieke Lesole in Orientale Province; Civilians suspected of being supporters of opposition leader Jean-Pierre Bemba or of collaborating with Laurent Nkunda were subjected to arbitrary arrests and illegal detentions in North Kivu and Maniema Provinces; FARDC and PNC were responsible for a number of violations of the right to life and the right to physical integrity, including rape.

Main developments

1. On the night of 2-3 September 2007, pro-Nkunda elements of Bravo Brigade Headquarters moved out of Rutshuru to reinforce their positions in Jomba groupement (Rutshuru territory towards the border with Uganda and Rwanda) and looted part of the equipment at a local hydroelectric plant (that supplies electricity to the Kiwandja, Rutshuru and Rubare) causing the death of over 10 premature babies at the Rubare and Kiwandja hospital as well as the loss of the blood bank of the Rutshuru hospital, the Radio Colombe transformer as well as several houses during their movement.

2. On 10 September 2007, the UNHRO verified allegations of the existence of mass graves at the former HQ of the 2nd Battalion of Bravo Brigade in Rubare, Rutshuru territory- 65 km north of Goma. The team observed three mass graves in the area of the abandoned military post. According to information obtained from the local FARDC Commander, 30 people were reportedly detained at the camp before the departure of the 2nd Battalion a week earlier, three of whom had managed to escape. On 11 September 2007, the UNHRO officially informed the military Justice authorities (Auditeur Militaire Supérieur and the Auditeur Militaire de Garnison) of the results of their mission and also provided them with photos taken of the graves as well as detailed information on their location and dimensions.

3. On 18 September 2007, MONUC accompanied Congolese military justice officials to Rubare, where they verified the existence of three mass graves and unearthed the remains of nine bodies. On 20-21 September 2007, the same mission visited Katwiguru and Kiseguru, also in Rutshuru territory, to conduct investigations into the existence of mass graves there. The mission of 20-21 September 2007 unearthed the remains of at least 12 bodies buried in shallow, unmarked graves in Katwiguru and Kiseguru. The evidence gathered so far suggests that all 21 persons were arbitrarily executed by the pro-Nkunda elements before they abandoned their camps. The UNHRO expects the Congolese military justice officials to carry out the necessary follow-up investigations into the case.

4. On 10 September 2007, nine civilians were allegedly arbitrarily executed by pro-Nkunda soldiers at a military camp in Kitshanga, collectivity of Bashali, territory of Masisi, on the pretext that they were Mayi Mayi and FDLR collaborators.

5. On 13 September 2007, the UNHRO confirmed that two of the four accused persons who were sentenced to death on 28 August 2007 by the Bukavu Military Tribunal for the assassination of Radio Okapi Journalist, Serge Maheshe, had written a letter to the Bukavu Military Court on 8 September 2007 retracting their statements which implicated the two eyewitnesses of the killing who were sentenced to death on a charge of criminal conspiracy. In the letter written in Swahili and to which they affixed their signatures and fingerprints, the two men accused two magistrates from the Office of the Military Prosecutor in Bukavu of having pressured them into making false statements against the eyewitnesses.

In reaction to this new development, on 17 September 2007, MONUC addressed a letter to the highest military justice authorities calling for thorough investigations into the allegations brought against the magistrates. It can be recalled that on 31 August 2007, in the aftermath of the verdict, MONUC had released a communiqué in which it expressed its deep concerns and recommended the observance of fair trial standards and the proper exploitation of all pieces of evidence in the appeal case.

Under article 310 of the judicial military code, this new development could justify the revision of the first instance trial if considered as a "new fact likely to establish the innocence of the sentenced persons".

6. The trial of former Mayi Mayi leader Kyungu Mutanga, alias Gédéon, resumed before the Kipushi Military Tribunal in Katanga Province on 18 September 2007 and continued on 25 and 28 September 2007. During the hearing of 18 September, five persons testified including the individual who had facilitated Gédéon's coming out of the forest, and the chaplain of the 63rd Brigade. As was the case during past hearings, the defendant continued to deny all accusations brought against him.

A civilian claimed to have been a victim of abduction, cruel, inhuman and degrading treatment as well as attempted arbitrary execution by Maï Maï elements under the command of Gédéon. He informed the court of acts of cannibalism and mutilation of dead bodies perpetrated by the Maï Maï and claimed to have been forced to eat human flesh. He also stated that he had seen the decapitated bodies of two traditional chiefs at Gédéon's HQ in Kabala.

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